Hearing continued for murder charge

Defendant’s attorney says he plans to file motion for bond hearing

August 16, 2012

MARTINSBURG - A judge granted a motion Wednesday to continue a preliminary hearing for a Bunker Hill woman charged with murder for allegedly selling a man a fatal dose of heroin earlier this year.

Autumn Theresa Blaine, 37, of Phillips Lane, was arraigned on the murder charge last week in connection with the drug-related death of 32-year-old Paul D. Burcham, of Bunker Hill, who was found dead March 29 inside her residence.

Blaine had been scheduled to appear before Berkeley County Magistrate Sandra Miller for a preliminary hearing in the case Wednesday. Her attorney, Kevin D. Mills, of Kevin D. Mills and Associates, filed a motion to continue the preliminary hearing prior to the proceedings. The motion states that Mills was retained by Blaine Monday and his office didn't have adequate time to obtain and review a copy of Blaine's court file with the defendant. Blaine signed a waiver of the time limit to have her preliminary hearing within 10 days. The motion also states that Mills' office has hired an investigator to assist the defense in the case and that the investigator needs additional time to review Blaine's court file, conduct interviews and prepare a report.

Mills also filed a notice of an appearance informing the court that his law firm had been retained by Blaine to represent her and that she has entered a plea of not guilty to all charges, court records show.

Neither Mills nor Blaine appeared in court Wednesday. The state was represented by Berkeley County Assistant Prosecuting Attorney Richard Stephens. While the motion to continue was filed prior to Wednesday's scheduled hearing, it hadn't been formally acted upon and there was some initial confusion in the courtroom as to whether Mills or Blaine would make a formal appearance. Stephens said he initially thought there might still be a hearing Wednesday, but said that Miller continued the hearing upon the defendant's motion.

Mills later told reporters outside the Berkeley County Judicial Center that he will request Blaine's preliminary hearing be promptly reset and said he is planning to file a motion in circuit court requesting a bond hearing for his client. Blaine is currently being held at Eastern Regional Jail without bail on the murder charge. Only a circuit court judge can set bond in a case involving a murder charge.

An autopsy report from the Chief Medical Examiner's Office states Burcham's cause of death was a large amount of heroin in his blood, along with other non-prescribed narcotics, records show.